Pankaj Kumar Yadav @ Pankaj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34273 of 2025 Arising Out of PS. Case No.-102 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Pankaj Kumar Yadav @ Pankaj Yadav S/o- Jugeshwar Yadav VillageSukhasan P.S-Bakhtiyarpur District-Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Krishna, Advocate Ms. Simran Kumari, Advocate For the State :
Mr. Jai Narain Thakur, APP For the Informant :
Mr. Diwakar Prasad Karn, Advocate Mr. Amardeep Lokpriya, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. This is the second attempt of the petitioner to obtain regular bail in connection with K.Asthan (Tilkeshwar O.P.) P.S. Case No.102 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. He is in custody since 24.11.2023. The petitioner has got 17 criminal antecedents.
3. As per the prosecution story, on 15.03.2022 at about 04:00 P.M. when the informant along with his elder brother went to see Jalkar by motorcycle, the FIR named
Patna High Court CR. MISC. No.34273 of 2025(3) dt.26-02-2026 2/3 accused persons along with 4-5 unknown persons assaulted his brother. One Deepak Yadav fired upon the brother of the informant on the instruction from Pankaj Yadav (the petitioner) and other named persons also started repeated firing. The FIR named accused persons also fired upon the informant but somehow he escaped. In 2019, these FIR named persons had also killed the father of the informant and this case was informed by the elder brother of the informant who was shot. Since the brother of the informant did not take his case back, the FIR named accused persons killed him.
4. Keeping in view the seriousness of the allegation and the fact that the petitioner was indulged in killing a witness who was the son of the deceased and looking into the 17 criminal antecedents of the petitioner, this Court refused to grant him bail even as it was contended that the petitioner has been named as an order giver in this case. This Court has further noticed that there are several cases as old as of the year 2009 but the petitioner has not given any statement that he is on bail in those cases.
5. Learned counsel for the petitioner submits that although he had not given the clear picture as to in how many cases he is on bail out of those 17 cases, an attempt was made to
Patna High Court CR. MISC. No.34273 of 2025(3) dt.26-02-2026 3/3 place it through a supplementary affidavit but he is not sure about the correctness of the affidavit so he is not pressing the said supplementary affidavit.
6. Learned counsel for the informant submits that the petitioner has dreaded criminal antecedents and he is not even disclosing it before this Court that in how many cases he is on bail. So far as the present case is concerned, he is involved in killing of the brother of the present informant who was one of the material witnesses in the killing of his father and in the said case this petitioner is also an accused.
7. Having regard to the entire facts and circumstances, this Court is of the considered opinion that there is no reason to take a different view at this stage.
8. Prayer for bail is refused.
9. This application is dismissed.
(Rajeev Ranjan Prasad, J) rishik/- U T